REYNOLDS METALS CO. v. SPECINER


6 A.D.2d 863 (1958)

Reynolds Metals Company, Respondent, v. I. Jonas Speciner, as Trustee in Bankruptcy of A. B. C. Steel Equipment Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1958


The court should not, in the exercise of discretion, entertain an action for a declaratory judgment where the matter sought to be adjudicated is the subject of another action pending, which when tried, will dispose of all the issues involved in the declaratory judgment action (Storer v. Ripley, 283 App. Div. 973). In the case before us, not only is such an action pending in the Federal court, but another one, based on the main complaint, is pending in this court. There...

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